My husband own has a trucking company. more than 1 year

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Hi, my husband own has...

Hi, my husband own has a trucking company. more than 1 year and half. One of our drivers felt from the step on the semi, he open the drivers door , and I guess he felt. dairy people took him to the hospital. and was released. he was off for 5 months. we paid for his medical bills , and for those 5 months he did not work , we paid him weekly as if he was working. after that he has work fine for about 1 year, with no problems. he also has other medical problems advance Syros is. he decided he wanted to quit. now 3 months after just found out we have mediation in a week. we didn't have workers comp. He was self contractor. didn't know we need to have it. we still paid his medical bills , and paid his weekly. what should we do?

Hi and welcome to JA. I am Ray and will be the expert helping you today.I would suggest you go to mediation and see what he is seeking.You can mediate--this is voluntary attempt to resolve it.If you can get off pretty cheap here you may decide to settle.If not you probably are going to need a lawyer.I think it is prudent for you to go to mediation here yourself.See what kind of deal you can make.A lawyer would charge you a retainer and it may be in the $3,500 range and bill hourly against that ,say $200 an hour.So here if you can pay him anything under $3,500 I would settle.It is not at all clear you have liability since he was an independent contractor.You have good arguments to make here.But know what the lawyer will charge to represent.So go here and see if you can mediate something less and make it go away.I would pay him $1,500-$2k without blinking here.It is cheaper than a lawyer.See what he wants, offer him something less in this range,and decide whether or not to settle.In case you decide you need a lawyer , here are lawyer referrals with ratings.http://www.avvo.com/employment-labor-lawyer/nm.htmlI appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).